Unless the court orders otherwise, the parties may, by written stipulation:
§ 9-11-29.Stipulations regarding discovery procedure
Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 1972 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-29 lets parties agree, in writing and absent a contrary court order, to take depositions before any person, at any time or place, and with any notice or manner, and to otherwise modify the discovery procedures set out elsewhere in the chapter.
Full Text of § 9-11-29
(1) Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions; and
(2) Modify the procedures provided by this chapter for other methods of discovery.
Plain-English Summary
Cooperative parties don’t have to follow every deposition formality to the letter. By written stipulation, and unless the court orders otherwise, they can agree that depositions will be taken before any person, at any time or place, on any notice, and in any manner — and a deposition taken that way still counts as a deposition for every other purpose in the chapter, including use at trial.
The same stipulation power extends to modifying the procedures for other discovery methods too, giving counsel room to skip formal notice periods or agree to streamlined exchange procedures without repeated trips to the courthouse, so long as the court doesn’t step in and order otherwise.
Frequently Asked Questions
Can parties agree to change the normal deposition rules in a Georgia case?
Yes, by written stipulation, unless the court orders otherwise.
Does a deposition taken under a stipulation count the same as one taken the standard way?
Yes. A deposition taken under a stipulated procedure may be used like other depositions taken under the chapter’s standard rules.
Can parties modify discovery methods besides depositions by agreement?
Yes. The section also lets parties modify the procedures the chapter provides for other methods of discovery.
Does the court have any say over these stipulations?
Yes. The section applies “unless the court orders otherwise,” so a court can override a stipulation.
Does a discovery stipulation under this section have to be in writing?
Yes, the section requires a written stipulation.
Amendment History
Ga. L. 1966, p. 609, § 29; Ga. L. 1972, p. 510, § 2.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: discovery stipulation Georgiawritten stipulation deposition Georgiaagree to modify discovery procedure Georgia lawsuit